Legionella Checks 2025: Tenant Mistakes in Germany

As a tenant in Germany you should know how legionella checks are carried out and which mistakes to avoid. This guide explains simply and clearly which duties landlords have, when tenants should report problems and how to protect your health and rights. You will learn which deadlines apply, which forms or proofs are useful, how to create documentation and which authorities or courts you can contact. Practical examples help to recognise common misunderstandings and avoid disputes. In the end you have clear steps to report defects safely and provide the necessary evidence. You will receive references to relevant sections of the BGB (§§ 535–536) and contacts for the public health office and the local court for tenancy disputes.^[1][2][3]

Legionella checks: rights and duties

Landlords are obliged under tenancy law and the Drinking Water Ordinance to check and eliminate risks from legionella. Tenants should check whether inspection reports exist and whether measures have been taken in the residential area. Document any irregularities in writing and request a written response from the landlord.

Common mistakes tenants should avoid

• Failing to report problems or reporting only verbally instead of in writing to the landlord and health office.
• Ignoring important deadlines and thus forfeiting rights.
• Not taking photos or logs of measurements and defects.
• Carrying out incorrect DIY measures without agreement that weaken the evidentiary situation.

What you can do concretely

• Send a written defect notice to the landlord and secure it by e‑mail and registered mail.
• Collect photos, measurements and witness notes to document the situation.
• If there is an acute health risk, inform the local public health office.
• Set deadlines: ask for a written remediation within a reasonable period.

Forms, deadlines and evidence

There is no uniform nationwide standard form for a defect notice; in practice a clear written description, date, photos and the request for remediation are sufficient. For legal obligations, the Drinking Water Ordinance and the BGB refer to landlord and tenant duties and rights.^[2][1]

• Wording example: "Please inspect and inform in writing by [date]" is a typical deadline phrasing.
• For health hazards: contact the public health office and keep a record of the notification.

Frequently Asked Questions

Who pays for a legionella inspection?

As a rule, the landlord bears the costs if the inspection or measure serves maintenance or is legally required.

Can I reduce the rent if legionella are found?

A rent reduction is possible if the usability of the apartment is impaired; check conditions and deadlines in each case.

Who do I contact in case of an acute danger?

Contact your landlord first and additionally the local public health office if there is an acute health risk.

How-To

1. Make documentation immediately with photos, date and time.
2. Send a written defect notice to the landlord (e‑mail and registered mail recommended).
3. Inform the public health office if a health risk exists.
4. Keep all replies, inspection reports and receipts.
5. If no solution occurs, consider legal steps and contact the local court or an advice centre.

Help and Support / Resources

• [1] German Civil Code (BGB) § 535 – Landlord obligations
• [2] Drinking Water Ordinance (TrinkwV) – Rules on legionella
• [3] Robert Koch Institute – Information on legionella

1. [1] Bürgerliches Gesetzbuch (BGB) § 535 – Pflichten des Vermieters
2. [2] Trinkwasserverordnung (TrinkwV) – Regelungen zu Legionellen
3. [3] Robert Koch-Institut – Informationen zu Legionellen